Saturday, November 24, 2012

On
December 6, 1992, a super structure called the Babri Masjid standing in the
city of Ayodhya, came crashing down. It remains even today a traumatic event
for the nation, because modern Indians have not yet been weaned on a true
history of India, and hence a large section of our educated class still view
the destruction of the structure as criminal vandalism.

If
it was not, then what was it? It was a superstructure built on an existing
temple, and to have demolished the temple to build a mosque was the real act of
vandalism.

Two
years earlier before the demolition, by a coincidence, on the same month and
day, I had met representatives of the VHP and BJP at a house, next door to mine,
on Mathura Road. The newly sworn in Prime Minister Mr. Chandrashekhar had asked
me [I was then his newly sworn in senior most Cabinet Minister] that as the new
Union Law& Justice Minister, I should talk to them about withdrawing their
proposed massive nation-wide stir slated to begin on December 9, 1991 for
building a Ram temple at the site the super-structure had then stood in its
gloomy glory. He told me to assure the VHP that our government would get
removed the Babri Masjid with the consent of Muslim leaders through
discussions.

The
VHP and BJP leaders I met readily agreed to call off the stir since we were a
new government, while the stir decision was taken when V.P. Singh was PM.

Thereafter
in January 1991 talks began initiated by Chandrashekhar himself with the Muslim
leaders. Unfortunately, despite the zig-zag progress in the talks, our
government did not last long enough to fructify it.

Had
instead the government lasted for a year more, I am confident we would have
amicably liberated the Ranjanmabhoomi for building a befitting Ram temple, and
with the consent of the Muslim community, even though the Government was in the
minority in the Parliament.

From
my personal experience as a Minister in a minority government, I can therefore say
that lack of majority is no excuse for implementing any agenda, if the
leadership had the mindset to get things done.

As
a Minister of Law &Justice, for instance, I got the controversial Sessions
Judge of Faizabad, K.M. Pandey a High Court judge, despite the fact that the
previous V.P. Singh's “three-legged” government had issued orders on file that since Pandey had directed the locks on
the so-called Babri Masjid be removed in
1986, he should never be made a High Court judge.

Mulayam
Singh was our Chief Minister of UP,
but with firmness I however got his protests sufficiently moderated to his
permit me to go ahead. He cooperated because he knew I would do it anyway--
make Pandey a judge of the High Court—and hence he acquiesced since he wanted
other things done for him by me,.

The
same clarity enabled the Chandrashekhar government to get Saifuddin Soz's
kidnapped daughter freed without releasing any dreaded terrorists. There are methods
for doing that—mostly based on retaliation. In each case it is the mindset of
those elected to high office that matters, not the size of the parliamentary
majority or lack of it.

It was this mindset that enabled the
Chandrashekhar government to nearly solve by an agreement the question of building of a Ram temple in Ayodhya. The government
however fell before it could be clinched.

But
could the Babri Masjid have been demolished in a more legally authorized way? Hindus
should not be defensive in the face of an onslaught by the fashionable
secularists about removing mosques built on where temples had once stood,
because the Supreme Court has held in the Faruqui vs. Union of India case
[(1994)6 SCC360], that a masjid is not an essential part of Islamic theology,
and these can and have been be demolished for public good.

Saudi
Arabia, Pakistan, and even in British undivided India, masjids have demolished mosques
to build roads. Saudi Arabia even demolished the Bilal Masjid in Mecca where
Prophet Muhammed used to read namaz.

Masjid,
like Churches are not religious places in the sense a temple is. Masjids and Churches are places for worship, i.e., buildings which serve
as facilitation centres for namaz and prayer. Namaz can be read anywhere even
on a railway platform. In USA, VHP buys disused Churches and converts them into
temples, and yet no Christian there objects.

But
temples, once it is shown that prana prathista puja was performed to build it,
is where God or deity resides, and belongs to God forever. As Union Law&Justice Minister in 1991 I
got our government legal team to prove this to the satisfaction of the House of
Lords in Britain, to bring back a Nataraja statue taken from a disused
Thanjavur temple. It was at Rajiv Gandhi’s request I took interest in the case!

Of
course, because of this fact about masjids and churches, no one in a democracy
can take law into his own hands to demolish these masjids and churches. Nor
will the Hindu public wait forever.

But
on the other hand, a Government can remove in a legal and orderly way the
masjids in Ayodhya, Kashi, and Brindavan, in fact in 300 other places, to rebuild the
original temples under law. We can get Muslims cooperation in this. I am
confident of this.

Babri
Masjid was built as an affront to Hindus. Otherwise it could have been built
anywhere else since namaz can be offered anywhere. Hindus have however
prevailed because despite 800 years of Islamic and 200 years of Christian
domination, Bharat today is still over 80% of Hindus in population, and a
continuing Hindu civilization. Hence, now we must resolve to rectify what is
essential to rectify and reclaim. For that restoration of three holy sites, in
Ayodhya, Vrindavan, and Kashi. For these three, we patriotic politicians must
resolve: Come our way or go the highway.

But
it is easier said than done to expect that politicians would do or die for it. As
our rudderless democracy has drifted, we are today in a "match-fixing
mode" even in electoral
contests. In Tamil Nadu, the DMK
and AIADMK are bitter enemies,
but in most crucial
constituencies, a match-fixing arrangements for money have been worked out for decades between Sasikala of the AIADMK
and Arcot Veerasamy of the DMK, who are alter egos of their respective top
leaders, and determined to keep out the Hindutva forces from Tamil Nadu.

The same match-fixing disease has spread to other parties
nation-wide. We have to cure it
before it completely debilitates and destroys our democracy as it has done in Banana
Republics of Latin American countries such as Colombia and Peru.

The
reluctance today to confront and expose the anti-Hindu personages in
Parliament, Academia and Media because of this disease of
"match-fixing". It is said that such attacks would be “personal” and “counter
productive”.

There
is however nothing "personal" in such directed and organized attacks.
Just as the world focused on Hitler or Mussolini, without thinking of it being
personal, therefore we should identify and expose especially the person who today
has emerged as the fountain head of the anti-Hindutva campaign today.

But
we cannot prevail in this struggle, if we have in our midst those suffering
from the "Arjuna virus" as-the late Swami Chinmayananda once pointed
out, referring to Arjuna's initially declining to fight at Kurukshetra because he could recognize his duty in the hour of
crisis. Babri Masjid legacy is that virus we still have to cure twenty years
later.

Thursday, November 22, 2012

I am writing this letter by way of providing as yet not formally confirmed information and hence not as yet evidence.Mr. Rahul Gandhi, MP was born at a time when his mother Ms. Sonia Gandhi was an Italian citizen. {She became an Indian citizen vide Section 5 of the Indian Citizenship Act in 1983}.

According to Italian law at that time, any person born to an Italian citizen mother is deemed to be an Italian citizen unless a formal renunciation of Italian citizenship is made by the child upon becoming an adult. At the time of Mr. Rahul Gandhi’s birth, his mother had informed the Italian Embassy of the same which the Embassy then forwarded it to the Interior Ministry in Rome, Italy for recording in their Citizen’s Register.

Therefore, my information is that Mr. Gandhi’s name was entered under whatever name that was communicated by the Italian Embassy, in the Citizenship Register of Italy.

I have not been able to verify as yet whether upon becoming an adult, Mr. Gandhi formally renounced Italian citizenship or has continued as yet for some obscure reason, as a citizen of Italy.

Only a formal request from the Government of India can clarify this position. The former Prime Minister Mr. Narasimha Rao had in a casual conversation told me that he had been informed that Mr. Gandhi was still a citizen of Italy. But this is hearsay and not yet confirmed evidence.

In my view it will be fair and legally appropriate in your position as President of India and custodian of the Constitution that you make a formal request through our Government to the Government of Italy to provide a copy of the file relating not only to Mr. Rahul Gandhi’s citizenship but also of Ms. Sonia Gandhi and her daughter Priyanka so that this controversy regarding Ms Sonia Gandhi and her two children’s citizenship status in Italy, is set at rest.

The Supreme Court today
issued notices to Chennai-based Advantage Strategic Consulting Private Ltd and
its offshore sister concern on a plea of Janata Party President Subramanian
Swamy seeking initiation of contempt proceedings against them for filing a defamation
suit in Singapore against him, reports PTI.

The apex Court today issued notices to Chennai-based Advantage Strategic Consulting
Private Ltd and its offshore sister concern on a plea of Janata Party President Dr. Subramanian Swamy seeking initiation of contempt proceedings against them for
filing a defamation suit in Singapore against him.

JP Chief Dr Subramanian Swamy had filed
contempt plea against the companies, including Advantage Strategic Singapore, which
had filed the defamation suit against Dr. Swamy for allegedly defaming them in judicial
proceedings related to 2G spectrum allocation scam case.

"We will issue notices to two companies to seek their responses...
returnable within 12 weeks," a bench of justices G S Singhvi and K S
Radhakrishnan said, moments after Swamy rose to advance his arguments on his
contempt petition.

Dr. Swamy’s plea was that the
companies had intentionally filed suits in Singapore to harass him and to make
him run around the world. This would actually prevent him from pursuing
corruption cases against P Chidambaram and his son.

Wednesday, November 21, 2012

National council meeting of Janata Party is proposed to be held in New Delhi on March 17,2013. Last such meeting was held in New Delhi in 2004,when some changes in the constitution were made.

It has been proposed to hold this meeting in Delhi on March 17, 2013whiich has significance attached with JP's movement.

The National council consists of the following:

- One representative from every district

-One representative from every Loksabha constituency

-All national office bearers

-All State presidents

-Special invitees

In a letter addressed to all the state presidents by national general secretary Prof Arvind Chaturvedi, State units have been asked to send the names of the representatives from their state.This list constitutes National council ( one each from Lok sabha constituency & District unit).

Friday, November 16, 2012

To begin with, and briefly: In 2011, Ms.
Sonia Gandhi and her son, Mr. Rahul Gandhi, both MPs and hence public servants
under the Prevention of Corruption Act, had floated under Section 25 of the Companies
Act, a company called Young Indian Private Ltd.

The
Ma-Beta corrupt duo hold 76% of the
total equity [38% shares each] in the company, while Motilal Vora, the Congress
party Treasurer and Oscar Fernandez,
held the remaining 24%. If any
person or group holds more than 74% of a company’s equity, then that company can be virtually administered without
caring for other shares holders. Thus, Young Indian is a Gandhi-Maino private
enterprise that is to be directly administered by the duo.

Now we come to the brazen corrupt plot of the
duo to acquire another well endowed asset-wise. The Associated Journals Private
Ltd. (AJPL), is that another company. AJPL is the owner- publisher of National Herald,
Navjivan, and Quami Awaz newspapers, that was set up by prominent Congress
leaders in 1938. Jawarharlal Nehru became President of the company.

Because
its object was to publish a newspaper APJL acquired at concessional rates from central and state
governments high value real estate properties in Delhi, Mumbai, Bhopal, Indore,
Haryana, and several places in Uttar Pradesh, and some places like on the prime
land in Delhi and Lucknow, built massive
offices on public donations for the publishing of its newspapers.

But
like all Nehru-Gandhi-Maino proclaimed public “enterprises” , AJPL main mission
of publishing newspapers, soon ended in failure . By 1970s all three newspapers
were running in terrible losses, and failed to pay employees wages. Labour
agitation forced the owners to close the operations in a lock-out. The
shareholders list by then had got depleted by death, or alienation, or sale and
thus AJPL came fully into the grip of the Nehru dynasty with family retainer
Motilal Vora as chowkidar-President,

By
2008 or a little earlier, Rahul Gandhi was inducted as a shareholder in AJ Private
Ltd. Rahul Gandhi failed to disclose this in his sworn affidavit filed as a
candidate for Lok Sabha in 2009.

In
his sworn Assets statement he has declared as ‘Nil’ his shares in companies, when in fact he at least owned
3 lakh shares in AJPL, and controlling shares in Back- Ops company that he set
up during the NDA tenure. Back Ops ownership was later handed over to sister
Priyanka by a back dated letter in 2009, who then promptly wound up the company
in 2011—maintaining the family tradition of failed enterprises. The assets
acquired following Back-Ops liquidation went into Priyanka’s folder.

In
2010, “Operation AJPL acquisition” began by Young Indian and executed in four
steps:

(i)Step 1: Moribund AJPL obtains an unsecured zero interest loan of
Rs. 90 plus crores from AICC in 2011 with no stated purpose [but now the spin given by Congress
spokesman Dwidedi is that the loan was for the emotional attachment of Congress
party for National Herald]. Section 13A of the Income Tax Act read with Section
29 A to C of the Representation of the People Act prohibits any political party
from giving loans to commercial or related enterprises. Note: Motilal Vora is President of AJPL which
received the loan, he is Treasurer of AICC which gave the loan, and he is also
a share holder and Director in Young Indian, the prospective buyer of AJPL !

(ii)Step 2: Young Indian enters the picture with a proposal made by
Young Indian Director Motilal Vora to AJPL President Motilal Vora that he will
speak to AICC Treasurer Motilal Vora to unburden AJPL of the loans due to AICC
by a financial derivative of transfer of liability to Young Indian. Note: It
helps that Sonia Gandhi is AICC President and Rahul Gandhi is AICC senior-most
General Secretary .

(iii)Step 3: AJPL acting by a mere Board Resolution dated 20.2.12 and
not by a Shareholders Meeting, sells by transfer of shares to Young Indian for
a mere Rs 50 lakhs.

Who cares
that Young Indian is not a media company and which cannot buy a media company
that has got land allotted by government and obtained bank loans on the
condition that it is a media company producing newspapers?

(iv)Before buying AJPL,
RG transfers 2,62,411 of his 3 lakh shares in AJPL to sister Priyanka. Robert
Vadra is left out of the deal because Aruna Roy will see to it that Kejriwal
will cut him to size, with Ahmed Patel ensuring 24x7 media publicity to scare
the wits out of Mr. Vadra.

(v)Step 4: The 7-storey Herald House now securely with Young Indian,
the Mama-beta duo illegally open Herald House which is in prime area of New
Delhi, for renting. A Passport Seva Kendra rents a large space of two floors,
and Minister SM Krishna inaugurates the office. Huge six months rent is being
collected by Young Indian from multinational companies who are soon start
offices in Herald House. Acquisition process is now complete.

(vi)Thus the deal was to grab the Rs. 1600 crore worth Herald
House and other properties of the National Herald/Quami Awaz in Delhi, and
another Rs. 3400 crores in different parts of UP, Maharasthra and M.P. for which
Young Indian made a commitment to pay a mere Rs. 50 lakh to AICC for owning the
Rs. 90 crore odd obtained from AICC as an unsecured zero interest loan and now
written off by the AICC.

Now what illegalities have been committed?

1.The deal is a sham, bogus, and a violation of several laws
including Companies, Income-Tax Act, Indian Penal Code Sections 405-08, 420,
467, and 193; Election Law, and Government Residence Allotment Rules.

2.The un-built on land in Mumbai, Indore, Bhopal, Punchkula,
Lucknow etc., etc., have been illegally sold to builders of luxury sky
scrapers, mall, and housing for Congress Ministers.This is violation of the
land allotment orders and a criminal breach of trust.

3.Young Indian filed statements with the RoC in March 2012 disclosing
that the shareholders meetings were held in Sonia Gandhi’s Government allotted
10, Janpath . This is in violation of the law since the 10, Janpath, New Delhi is
Government provided accommodation which cannot be used for commercial purposes
and business.

4.More than 80% of the persons mentioned in the 2011
shareholders list filed with the RoC are deceased, such prominent persons such
as Jawaharlal Nehru, Indira Gandhi, Sharda Prasad, GD Birla etc., as also some
defunct Kolkata based companies. Hence the Board Meeting of AJPL handing over
the company to Young Indian is violation of the Companies Act and is an offence
as well as a fraud on the public.

I
urge therefore an immediate SFIO/CBI probe into this dubious stinking deal
between Young India and The Associated Journals, and from the Election
Commission for the illegality of the AICC I giving a loan to a private company.

Mr.
Rahul Gandhi also committed perjury when he told a lie in his 2009 nomination
paper for Lok Sabha that he owned ‘NIL’ shares when he owned in fact over 3
lakh shares of AJPL in 2009.

The
bottom line is that National Herald, for which great grand father Nehru
pompously said:”I will sell Anand Bhavan but never National Herald”, has been
strangulated to death by Rahul Gandhi and his mother. Young Indian objectives
do not include bring out a newspaper. Rahul Gandhi himself told the PTI on
October 9, 2012 after swallowing AJPL, that “We have no intention to start or
revive a newspaper”. The last gasp of National Herald, Navjivan, and Quami Awaz
has been heard. For just Rs 50 lakhs, Rs 5000 crores of property have been obtained.

Ironically,
Herald House is built on a kabaristan in Bahadur Shah Zafar Marg to start a
newspaper from Delhi. The Mama-son duo know the Biblical saying—from dust to
dust.

Wednesday, November 7, 2012

Janata Party President Dr Subramanian Swamy charged ,in a media Conference ,last week that All India Congress Committee (AICC) paid Rs. 90 Crore to a company ,which is violation of ethics for a political party.

Dr Swamy would certainly take the legal action against the Election Commission's decision to dismiss his plea to de-recognise Congress.

Media is however not silenced as the investigating journalists are coming out with more facts by the day.

The leading business daily Business standard published more details on the transaction from AICC to Young Indian . This is reproduced here:

Did Congress pay Rs 89.5 cr to Sonia and
Rahul through Young Indian?

Mother and son own 76% of company which got Associated
Journal's shares worth Rs 90 cr for Rs 50 lakh

The
All India Congress Committee (AICC) has, in effect, paid Rs 89.5 crore to Young
Indian, a Section 25 company (meaning a not-for-profit one) controlled by party
president Sonia
Gandhi and her son, party general secretary Rahul Gandhi.
From the notes of accounts, it appears this sum has effectively given the
mother-son duo control over real estate assets running into several hundred
crores of rupees.

Sonia
and Rahul own 38 per cent each in Young Indian; party seniors Motilal Vora and
Oscar Fernandes own 12 per cent each.

FAMILY PARTY

Associated
Journals is a limited company, having shareholders. Motilal Vora,
treasurer of the All India Congress Committee, is chairman;

Firm is
formally in the business of publishing newspapers;

AICC had
loaned Rs 90 crore to Associated, without interest. When it did so isn’t
clear;

Young Indian
was established as Sec 25 firm on November 23, 2010. Motilal Vora is
also a board member of Young Indian, holding 12%

Associated’s
board approved assignment of loan given by AICC on December 12, less
than a month after Young
Indian was registered, and by shareholders on January 21,
2011, a month after board approval and two months after Young India was
incorporated;

It appears
the shareholders, at the same EGM (Jan 21, 2011) had approved allottment
of 90.2 million shares at Rs 10/share;

Board of AJ
allotted 90.2 million shares to Young Indian on Feb 26, 2011. Resolution
dated Feb 26 shows shareholders approved transfer of loan, as also issue
of shares by extinguishment of loan, on same day;

Notes to
accounts of Young Indian states objective of Young Indian. This does not
include publishing a newspaper. Also, it says AJ is in the process of
altering its object to align with the objects of Young Indian;

Shares worth
Rs 5 lakh issued by Young Indian in 2011-12;

AICC accepted
compromise for loan at Rs 50 lakh against the Rs 90 crore given, an
effective writeoff of Rs 89.5 crore, but it seems AICC was not lucky
even to get Rs 50 lakh cash from Young Indian, as latter is shown as
having capital of Rs 5 lakh and loans of Rs 1 crore. Was there some
benefactor who gave loan of Rs 1 crore or did AICC give loan to Young
Indian to help pay off its own loan?

The notes to accounts for the year ended March 31, 2012, filed by Young
Indian auditor Pradeep
Shah and signed by directors Suman Dubey and Motilal Vora this
April, give some clues on the actual structure of the transaction. “In pursuit
of its objects, the company has acquired loan owed of Rs 90,21,68,980 by the
Associated Journals, presently engaged in achieving a recast of its activities
so as to have its main object congruent to the main object of the company, for
a consideration of Rs 50 lakh,” the note said.
Thus, this transaction effectively has the effect of cleaning up the books
of The Associated Journals (publishers of the now defunct National Herald
daily, founded by Jawaharlal Nehru), wherein the entire liability is taken over
by Young Indian.Explanations
When asked, party general secretary Janardan
Dwivedi (also the party spokesman) said, “Congress gave a loan to
revive National Herald; it was launched in the fight against the British. It
was the nation’s paper. The loan was not given to earn profit. Reviving the
paper was an emotional issue for the Congress.”
Explaining the second and crucial leg of the transaction, the note added,
“As part of the restructuring exercise of the said company (Associated
Journals), the said loan was converted into 9,02,16,898 ordinary shares of Rs
10 each, fully paid up.”
Thus, effectively, Young Indian got shares worth Rs 90.2 crore by paying a
meagre Rs 50 lakh.
By virtue of this shareholding, Associated Journals becomes a subsidiary of
Young Indian.
The liabilities were paid out as an “interest-free loan” from the AICC.
On Sunday, Dwivedi claimed 700 employees had got their pay arrears due to
the loan. By Janata Party president Subramanian Swamy’s estimates, even a
firesale of Associated’s real estate assets would have covered the Rs 90 crore
liability in the books several times over, settled all employees and still have
given the shareholders of Associated handsome returns.
But, the directors of Associated thought it fit to use these resources for
development of the objects of Young Indian.
Dwivedi’s reiterated defence on the “interest-free loan” to Associated
Journals was: “It is an emotional issue for us...only Congress will decide what
is political activity for it and no other party.”
While helping employees and getting emotional is permissible, the accounting
treatment of the transactions is a little unusual, said experts. Ideally, both
the liability acquired and the value of the shares would reflect in the books
of Young Indian. This treatment is a bit different.
The books of Young Indian show the 90.2 million shares it owns in Associated
Journals under the investments column. But it does not show any value against
this. There is just a dash in the value column.
The notes to accounts explains this treatment as follows: “Since the said
acquisition is treated as application on the objects of the company(and
accordingly, treated in the financial statements of the company), the same has
not been as an investment in shares.”
The note goes on to add: “Besides, even if these shares were to be treated
as an asset (investment), having regard to the fact that the net worth of the
said company is negative, recognising the entire cost as diminution in value
would result in an equivalent charge in income and expenditure account.”
Elsewhere, the note says, “Any outflow designed to fulfill the objects of
the company, whether or not represented by an asset, is treated as application
on the objects of the company.”Issues
What are these “objects” of Young Indian that the notes refers to again and
again? There is an answer to this, too.
“The company is engaged in activities to inculcate in the mind of India’s
youth commitment to the ideal of a democratic and secular society and provides
for application of its profits or income in pursuit thereof.”
But somehow the objects skips the original object of Associated Journals —
that of publishing newspapers. Was that intentional? Or was it just an
emotional slip?What’s a Section 25
company?
A Section 25 company is a not-for-profit entity registered with a specific
objective. These are companies formed with the only purpose of promoting
commerce, art, science, religion, charity or any other useful objective.
The ministry of corporate affairs’ website maintains a list of Section 25
companies, which at present are estimated at 3,350.
A Section 25 company has to be granted a licence by the Registrar of
Companies. It does not have to pay any dividend to its shareholders. Any
surplus from its operations is ploughed back into the company and deployed
towards achievement of stated objectives.
Some of the common Section 25 companies are non-government organisations
(NGOs) and entities engaged in CSR activities.
Section 25 companies cannot be listed on exchanges, as there is no profit or
dividend.
Section 25 companies also enjoy several exemptions. Unlike the minimum
capital requirement of Rs 1 lakh for private companies and Rs 5 lakh for public
companies, a Section 25 company does not have to meet any minimum capital
requirement. It also pays lower registration fees. Nor does it pay stamp duty
and a company can be a member of a Section 25 company.
Section 25 companies are also exempted either fully or partially from the
requirement of voting methods for resolutions, retirement of directors by
rotation and government approval for increasing the number of directors
beyond12.
Such companies cannot obtain foreign contributions without seeking a
certificate of registration under the Foreign Contribution (Regulation) Act
(FCRA) from the Home Ministry. They are required to use foreign contributions
only for the purpose for which they are received. Norms for foreign investment
in Section 25 companies are governed under the Foreign Exchange Management Act
and FCRA.
The income of a Section 25 company is taxable and it generally enjoys all
the advantages of a limited company under the Companies Act